PRACTICE AREA
Inheritance Law
Inheritance & Succession Matters
Legal assistance with wills, contracts of inheritance and succession proceedings.
Clear, candid advice
Clear explanations
Careful document drafting
Ongoing communication
INHERITANCE LAW ASSISTANCE
Certain inheritance matters can be arranged in advance
Legal questions concerning an estate do not arise only during succession proceedings. A will or a contract of inheritance can be used to determine in advance how inheritance should take place at a later stage.
Where succession proceedings are already underway, it may be important to review the inheritance position, the available documents and the relevant legal declarations carefully.
TYPICAL INHERITANCE LAW SITUATIONS:
- where you wish to make arrangements that differ from the statutory order of succession;
- where you wish to regulate future inheritance through a contract of inheritance;
- where legal assistance is required in succession proceedings.
INHERITANCE LAW MATTERS
How can I assist?
Related Inheritance Law Matters
Key Areas of Inheritance Law
The circumstances of inheritance matters and the legal steps required may vary depending on the particular situation.
Will
A will allows the testator to determine how all or part of their estate should pass upon death.
If someone wishes to make arrangements that differ from the statutory order of succession, or would like to determine in advance what should happen to particular assets, these wishes may be recorded in a will.
It is important that the testator’s intentions are expressed clearly in the document and that the will complies with the formal requirements prescribed by law.
A will may determine, for example:
- who is to inherit;
- the proportions in which inheritance is to take place;
- what should happen to particular assets;
- other provisions that are important to the testator.
IMPORTANT TO KNOW:
Written wills are subject to strict formal requirements. It is therefore important not only what the document provides, but also how it is executed. A testamentary disposition prepared by an attorney-at-law may also be entered in the National Register of Wills with the testator’s written consent.
Legal assistance may include:
- reviewing the family and financial circumstances;
- clarifying the testator’s intentions;
- drafting the will;
- explaining the provisions and their legal implications in clear terms.
Contract of Inheritance
Under a contract of inheritance, inheritance may be arranged in return for maintenance, a life annuity or care.
A contract of inheritance is a bilateral agreement. One party undertakes to provide maintenance, a life annuity or care, while the other party appoints that person as heir in return.
The agreement may concern the entire estate, part of it or specified assets. It is therefore particularly important that both parties clearly understand the obligations and rights they undertake.
The agreement may address, for example:
- the scope of the maintenance or care to be provided;
- the terms of any life annuity;
- the assets affected by the inheritance arrangement;
- other material terms agreed by the parties.
IMPORTANT TO KNOW:
A contract of inheritance is not the same as a will: it is an agreement between two parties, creating rights and obligations on both sides. Contracts of inheritance are also subject to strict formal requirements, making careful preparation and appropriate documentation particularly important.
Legal assistance may include:
- reviewing the parties’ objectives and circumstances;
- clarifying the obligations undertaken and the assets concerned;
- drafting the contract of inheritance;
- explaining and discussing its key provisions in clear terms.
Succession Proceedings
Succession proceedings determine on what legal basis and to whom the estate left by the deceased is to pass.
In succession matters, it may be important to review the available documents, any existing will or contract of inheritance, and the inheritance position as a whole.
Legal assistance may also be appropriate where an heir is uncertain about the declarations that need to be made, the legal options available or how their interests can properly be represented during the proceedings.
A succession matter may involve, for example:
- reviewing a will or contract of inheritance;
- examining the inheritance position and the related documents;
- preparing declarations required in the succession proceedings;
- representation before the notary.
IMPORTANT TO KNOW:
Succession proceedings in Hungary are conducted by a civil law notary. A formal hearing is not required in every case; this depends on the circumstances of the matter and the applicable legal requirements. An interested party may also act through an authorised representative in the proceedings.
Legal assistance may include:
- reviewing the available documents;
- clarifying the inheritance position and the available options;
- preparing the necessary declarations and submissions;
- legal representation during the succession proceedings.
INDIVIDUAL INHERITANCE MATTERS
RELATED INHERITANCE
LAW MATTERS
Not every inheritance matter fits neatly into a predefined category. Questions may arise, for example, about what happens in the absence of a testamentary disposition, how an existing document should be interpreted or what legal steps may be required in a particular situation.
These may include, for example:
- questions relating to the statutory order of succession;
- reviewing an existing will or other testamentary disposition;
- specific legal issues relating to an estate;
- other complex or individual inheritance situations.
Once the particular circumstances and the available documents have been reviewed, the appropriate next legal steps can be identified.
What matters to you is worth setting out clearly.
A will or contract of inheritance is more than a legal document.
It allows you to state clearly what should happen later to matters you can still decide today.
HOW WE WORK TOGETHER
From initial review
to the necessary legal steps
01.
INITIAL
CONTACT
Briefly outline your matter and provide your contact details so we can arrange the initial discussion.
02.
SITUATION
REVIEW
I review the circumstances, available documents and your objective, and identify any further information required.
03.
LEGAL
ASSISTANCE
I identify the necessary legal steps and prepare the appropriate document or declaration for the matter.
04.
DOCUMENTS OR REPRESENTATION
Depending on the matter, I finalise the document or represent you in the succession proceedings.
Frequently Asked Questions
A lawyer is not required for every will. Written wills are, however, subject to strict formal requirements, so it is particularly important that the document is prepared in the proper form.
A will is a unilateral testamentary disposition made by the testator for the event of their death. A contract of inheritance, by contrast, is a bilateral agreement under which the contractual heir undertakes to provide maintenance, a life annuity or care.
Yes. During their lifetime, the testator may amend or revoke their will. It is important, however, that any new or amended testamentary disposition also complies with the applicable formal requirements. Where more than one will has been made, it is worth reviewing how their provisions relate to one another.
If there is no valid testamentary disposition, the order of inheritance is determined by the rules of statutory succession.
Legal assistance may be particularly useful where the succession matter is more complex, a will or contract of inheritance is involved, or it is unclear what declaration should be made. A lawyer can review the available documents, assist in preparing the necessary declarations and represent the heir in the succession proceedings.
Have an inheritance law question?
Briefly outline your inheritance matter and how I can assist.